Verified 2025 — BNS Bare Act

IPC 404 → BNS 315: Misappropriation (Dead)

IPC Section 404 (Misappropriation (Dead)) under the old Indian Penal Code 1860 is now covered under Section 315 of the new Bharatiya Nyaya Sanhita (BNS) 2023, effective from 1 July 2024.

Old Law — IPC 1860

404

Misappropriation (Dead)

Dishonest misappropriation of property possessed by deceased person at the time of his death

New Law — BNS 2023

315

Misappropriation (Dead)

Punishment / Liability

Same - Up to 3 or 7 years

Key Change / Note

No major change

Facing a case under BNS 315?

Connect with a verified criminal lawyer for bail, FIR & defence under BNS 315.

What changed for IPC 404?

IPC 404 (Misappropriation (Dead)) — dishonest misappropriation of property possessed by deceased person at the time of his death — now maps to BNS Section 315. Key change: No major change. Punishment under BNS 315: Same - Up to 3 or 7 years.

Quick Summary: IPC 404 vs BNS 315

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 404 (Misappropriation (Dead)) is one of the IPC's offences against property — theft, extortion, robbery, dacoity, criminal breach of trust, cheating, mischief and criminal trespass. The BNS keeps this structure and adds a distinct provision for snatching, renumbering misappropriation (dead) as BNS 315.

What did IPC 404 cover?

IPC 404 dealt with misappropriation (dead) — dishonest misappropriation of property possessed by deceased person at the time of his death. Until 30 June 2024, every FIR and criminal trial for this offence was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 315: What changed in the new law?

No major change. From 1 July 2024, new complaints relating to misappropriation (dead) are filed under BNS Section 315, while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 315

Same - Up to 3 or 7 years

Practical implications for advocates, police & citizens

Advocates: For misappropriation (dead), the dividing lines — theft versus extortion, cheating versus breach of trust — decide the charge; confirm the BNS 315 mapping before drafting.
Police officers: Establish dishonest intention and the manner of taking; a new misappropriation (dead) FIR cites BNS 315.
Law students & citizens: With misappropriation (dead), value, the manner of taking and any force used determine which property offence applies and how serious it is.

Frequently Asked Questions

What is the BNS equivalent of IPC Section 404?

IPC Section 404 (Misappropriation (Dead)) is now covered under Section 315 of the Bharatiya Nyaya Sanhita (BNS) 2023, effective from 1 July 2024.

What is the punishment under BNS 315?

Same - Up to 3 or 7 years

What is the key difference between IPC 404 and BNS 315?

No major change

Is IPC 404 still valid in India?

No. The Indian Penal Code 1860 was repealed and replaced by the Bharatiya Nyaya Sanhita (BNS) 2023 on 1 July 2024. The misappropriation (dead) offence earlier in IPC 404 is now governed by BNS 315 — pending IPC 404 cases continue, but new FIRs cite BNS 315.